Audio 4:39
Govt puts overhaul of anti-discrimination laws on hold

James GlendayUpdated
Wed Mar 20 20:49:00 EST 2013

The Federal Government has delayed its controversial overhaul of the nation's anti-discrimination laws indefinitely. The Attorney-General Mark Dreyfus says the proposed laws didn't strike the right balance and will be reworked. Instead, he'll push ahead with just one bill to better protect the rights of gay, lesbian, bisexual, transgender and intersex people. Gay lobby groups say it's a historic decision but the Opposition says Labor's been forced into an embarrassing back down.

Transcript

MARK COLVIN: The Federal Government has delayed its controversial overhaul of the nation's anti-discrimination laws indefinitely. The Attorney-General Mark Dreyfus says the proposed laws didn't strike the right balance and will be reworked.

Instead, he'll push ahead with just one bill to better protect the rights of gay, lesbian, bisexual, transgender and intersex people.

Gay lobby groups say it's an historic decision. But the Opposition says Labor's been forced into an embarrassing backdown.

From Canberra, James Glenday reports.

JAMES GLENDAY: The Federal Government has long promised to consolidate the nation's five anti-discrimination acts. To make the laws more consistent and easier for employers and victims of discrimination to understand. But after many consultation sessions, an inquiry and hours of debate the new laws aren't ready.

MARK DREYFUS: I'm not satisfied that the bill in its current form passes the test of striking the right balance.

JAMES GLENDAY: The Attorney-General Mark Dreyfus insists Labor isn't dumping the draft of the Human Rights and Anti-Discrimination Bill. He says it just needs more work after a Senate committee recommended sweeping changes last month.

MARK DREYFUS: There are significant policy, definitional and technical points that require deeper consideration in line with the recommendation of the committee, I've asked my department to continue working on this project.

JAMES GLENDAY: He wouldn't say how long that work would take. But The Greens say it's highly unlikely the bill will be introduced before the September election.

Spokeswoman Penny Wright says the Government is walking away from a fight.

PENNY WRIGHT: They don't have the courage of their convictions to take on what is a challenging debate and make sure that the Australian community understands the strength of feeling that there is out there in favour of fairer, simpler equality laws. If they're not going to introduce them in this sitting and then have debate in the next sitting we won't see this law reform go ahead.

JAMES GLENDAY: Human rights groups are also upset. Anna Cody from the National Association of Community Legal Centres says the current laws make it hard for victims of discrimination to take action.

ANNA CODY: No I don't agree that the balance wasn't quite right. We think that the changes and the draft legislation that was proposed had some really good advances for disadvantaged people in the community. Things such as the shared burden of proof and also reducing the risk of cost.

JAMES GLENDAY: But many have welcomed Labor's move. Some business groups, religious organisations, conservative state governments, the Opposition and Master Builders Australia say the proposed changes did far more than simplify existing legislation.

Some groups described the draft bill as an attack on free speech which could encourage vexatious discrimination claims and create new grounds for discrimination, such as political opinion, industrial activity, medical history and nationality.

GEORGE BRANDIS: Well I'm bound to say backdowns don't come much more humiliating than this.

JAMES GLENDAY: The Shadow Attorney-General George Brandis says the Government's plan would have had many unintended consequences.

GEORGE BRANDIS: This was the burial of what very, very late in the piece, the Government had realised was a very, very bad idea.

JAMES GLENDAY: The recent Senate inquiry into the bill recommended some religious discrimination exemptions be changed.

But Jim Wallace from the Australian Christian Lobby says that would stop faith-based schools, charities, hospitals and churches, from hiring staff based on their religious beliefs. He now wants the Government to scrap the bill entirely.

JIM WALLACE: The Government gets these services from religious organisations at a premium. There's a saving for them and they provide certain services which are defined by the faith around which they've come into existence. And we've got to accept that and we've got to protect it.

JAMES GLENDAY: Labor campaigned at the 2010 election to provide greater discrimination protection for lesbian, gay, bisexual, transsexual and intersex people. It says that promise will be fulfilled.

Tomorrow, it will introduce a bill to amend the Sex Discrimination Act. It's something both major parties support so the bill will pass.

JED HORNER: Look this is a positive and historic step on the part of the Government to redress a longstanding concern on the part of members of the lesbian, gay, bisexual, transgender and intersex community.

JAMES GLENDAY: Jed Horner from the New South Wales Gay and Lesbian Rights Lobby says the bill has been a long time coming.

JED HORNER: To have some action from the Government now after almost two decades of inquiry and advocacy and lobbying by LGBTI groups is significant and welcome. Certainly could have gone further but as I said it's a positive move I think in the history of Australia.